PEOPLE v. PHILLIPS
In denying motion for mistrial based on alleged racial bias in exercise of peremptory challenges, it was proper for the trial court to require explanations for only two of the three prospective jurors who were the subject of the motion, where court did not find that there was a prima facie showing of bias as to the third prospective juror. Prosecutor's objectively verifiable mistake in excusing prospective juror, a result of erroneously attributing to that person information in the juror questionnaire of another venire member with the same surname, constituted a legitimate race - neutral explanation for challenge where court properly had accepted original explanation for challenge before prosecutor realized, and explained, that there had been a mistake. Trial court did not err in accepting prosecutor's explanation that prospective juror's body language suggested a desire to avoid jury service.
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